How Do You File for Divorce in New Hampshire If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in New Hampshire, but I’m not sure how. We have children and own a home. How does the process work, and what about custody and property?”

Divorce Basics in New Hampshire

• Residency requirement

  • One spouse must live in New Hampshire for one year before filing, unless the cause for divorce occurred here.

• Grounds

  • Both no-fault (irreconcilable differences) and fault grounds are available.

• Where to file

  • File in the Family Division of the Circuit Court, across counties like Manchester, Nashua, and Concord.

• Process overview

  • File petition → service → disclosures → temporary orders → mediation → final decree.

Do You Need a Lawyer to Get a Divorce in New Hampshire?

• Not required, but helpful when children and property are involved.

• Why legal help matters

  • Drafting custody and parenting plans.

  • Handling home division and refinancing issues.

  • Navigating spousal support and property distribution.

  • Reducing conflict in court.

How Much Does It Cost to Get a Divorce in New Hampshire?

• Filing fees and service fees.

• Attorney or mediator fees, depending on conflict.

• Home appraisals or expert fees if assets are complex.

• Possible custody evaluation costs if disputes escalate.

What About the House & Property Division for Divorce in New Hampshire?

• New Hampshire is an equitable distribution state.

• Marital property is broadly defined—nearly everything owned by either spouse may be divided.

• Factors considered:

  • Contributions of each spouse.

  • Length of marriage.

  • Custodial needs of children.

  • Future income and employability of each spouse.

• The house may be sold, awarded to one spouse, or offset with other assets.

Custody, Parenting Time & Child Support for Divorce in New Hampshire

• Custody is based on the best interests of the child.

• Legal and residential responsibilities may be shared or awarded to one parent.

• Parenting plans must be filed, with specifics on decision-making and schedules.

• Child support follows New Hampshire’s guidelines, based on income and needs.

Things You Must Know About Getting Divorced in New Hampshire!

• Courts can divide nearly all property, even if titled in one spouse’s name.

• Temporary parenting or housing arrangements may influence final orders.

• Real estate appraisals can slow the process if contested.

• Custody plans must be detailed and approved.

• Child support and custody can be modified later.

A Gentle Reminder About Divorce in New Hampshire

This post is for educational purposes only and is not legal advice. Laws vary across counties, from Manchester to Nashua to Concord.

At Fresh Starts, you can search our Expert Guide by state to find New Hampshire-based attorneys, mediators, and child custody professionals who can help.